Constitutional Law,
Corporate,
Criminal,
Letters
Jul. 17, 2019
How to hold corporate scofflaws accountable
There is a another remedy often employed in civil/quasi-criminal settlements between the government and corporate defendants.
Gary Schons
Of Counsel, Best Best & Krieger LLP
Public Law
655 W Broadway Ste 1500
San Diego , CA 92101
Phone: (619) 525-1348
Fax: (619) 233-6118
Email: gary.schons@bbklaw.com
U San Diego School of Law
George B. Newhouse Jr. writes to suggest that putting a convicted corporation on probation is needlessly costly, ultimately ineffective and subject to being declined where custody is not an alternative. ["Corporate probation resulting from a criminal conviction: an enigma," July 15, 2019]. There is a another remedy often employed in civil/quasi-criminal settlements between the government and corporate scofflaws -- imposing a court appointed monitor paid for by the corporation to oversee and ensure corporate compliance with regulations and laws which were violated. The monitor, embedded in the corporation, serves as an enforcer, listening post and independent reporting source to the court to guarantee the corporation's good behavior following conviction.
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